Earlier this week President Obama nominated three unquestionably qualified candidates – appellate attorney Patricia Millet, former civil rights attorney Cornelia Pillard and D.C. District Court judge Robert Wilkins – to the D.C. Circuit, the second most influential court in the country. Republicans are already fighting hard against these nominations, claiming that the D.C. Circuit doesn’t have a large enough workload to necessitate filling the vacant seats. Sen. Chuck Grassley (D-IA) even went as far as to say, “No matter how you slice it, the D.C. Circuit ranks last or almost last in nearly every category that measures workload.”
Not quite. Glenn Kessler at The Washington Post wrote an article this morning delving deeper into Sen. Grassley’s claims. Kessler wrote,
“Challenged by Grassley’s claim that the D.C. Circuit is last ‘no matter how you slice it,’ we came up with two other measures that might shed more light on the D.C. Circuit’s workload… One way to measure this is by looking at the data for ‘administrative appeals.’
In 2012, nearly 45 percent of those appeals at the D.C. Circuit involved administrative appeals concerning federal rules and regulations, which many experts say are highly complex and take more time to review. By contrast, at the other circuits, virtually all of the administrative appeals involve immigration cases. Using the data in Table B-3, we found that in the other circuits, administrative appeals that did not involve immigration matters accounted for less than 3 percent of the appeals. (In some circuits, it was less than 1 percent.)”
In other words, the D.C. Circuit is considering some of the most intricate and far-reaching cases of any court. The complexity of these types of cases make apples-to-apples comparisons with other circuits difficult.
“Another measure of the complexity of the cases are statistics on written opinions. The raw data suggest that judges on the D.C. Circuit write fewer opinions than judges on other appeals circuits. (This was one stat that Grassley staff sent us.) But Table S-3 shows that the D.C. Circuit produced a greater proportion of written, signed opinions on cases determined on the merits than most other circuits.”
Overall, the Post concludes,
“[T]he certainty in Grassley’s argument is particularly misplaced, given the unusual nature of the D.C. Circuit… you can’t just assert that one appeals filing is equal to another — or that one set of statistics is better than another. Depending on the metrics, the D.C. Circuit could very well be in first place.”
In 2005, Sen. Grassley did not seem to have these workload concerns when he voted to confirm Bush nominees Janice Rogers Brown and Thomas B. Griffith to the tenth and eleventh seats on the D.C. Circuit. Yet when he and other Republicans cast those votes, the court was handling the same number of cases as it is now. As President Obama pointed out in his speech announcing the three nominees, this is an overtly political move on the part of Senate Republicans:
“When a Republican was president, 11 judges on the D.C. Circuit Court made complete sense. Now that a Democrat is president, it apparently doesn't – eight is suddenly enough.”
People For the American Way today applauded President Obama’s announcement that he would nominate Cornelia (Nina) Pillard, Patricia Ann Millett and Robert Leon Wilkins to the DC Circuit Court of Appeals.
“Today’s announcement is an important step toward filling the remaining vacancies on one of our nation’s highest courts,” said Marge Baker, Executive Vice President at People For the American Way. “These nominees all have accomplished records. They should receive prompt hearings and votes in the full Senate without delay.
“These nominations are a clear statement by the President that he won’t be held hostage by the relentless obstruction by Senate Republicans,” continued Baker. “Nearly five years after he was elected, President Obama has had only one nominee confirmed to the DC Circuit, but Republicans are insisting that fulfilling his constitutional obligation to nominate individuals to fill open seats on this Court is somehow ‘court packing.’ That’s ridiculous. Republican Senators should stop playing political games with the courts and end their mindless obstruction of President Obama’s nominees.”